(1) In this Chapter “the electronic communications code” means the code set out in Schedule 3A .
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The electronic communications code shall have effect—
(a)in the case of a person to whom it is applied by a direction given by OFCOM; and
(b)in the case of the Secretary of State or any Northern Ireland department where the Secretary of State or that department is providing or proposing to provide an electronic communications network.
(4)The only purposes for which the electronic communications code may be applied in a person’s case by a direction under this section are—
(a)the purposes of the provision by him of an electronic communications network; or
(b)the purposes of the provision by him of a system of infrastructure which he is making available, or proposing to make available, for use by providers of electronic communications networks for the purposes of the provision by them of their networks.
(5)A direction applying the electronic communications code in any person’s case may provide for that code to have effect in his case—
(a)in relation only to such places or localities as may be specified or described in the direction;
(b)for the purposes only of the provision of such electronic communications network, or part of an electronic communications network, as may be so specified or described; or
(c)for the purposes only of the provision of such system of infrastructure , or part of a system of infrastructure , as may be so specified or described.
(6)The Secretary of State may by order provide for the electronic communications code to have effect for all purposes with a different amount substituted for the amount for the time being specified in paragraph 85(7) of the code (minimum compensation).
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cases considering section 106 13
[2026] UKUT 286 (LC) · 29 July 2026Defines
The judgment uses section 106 to explain how the Code applies to a person by an Ofcom direction, including On Tower. (see paras [15], [18]–[19], [106])
The provision identifies the Code as the code set out in Schedule 3A, which is the statutory framework applied in the appeal. (see para [19])
The judgment notes that the Code has effect for a person to whom Ofcom has applied it by direction. (see paras [15], [19], [106])
The provision identifies provision of an electronic communications network as a purpose for which the Code may be applied to a person. (see para [19])
The provision identifies provision of an infrastructure system for network providers as a purpose for which the Code may be applied to a person. (see paras [15], [19])
[2026] UKUT 245 (LC) · 7 July 2026Interprets
The Tribunal described the Code as having effect for a person to whom Ofcom applies it by direction, and linked that direction to the relevant statutory purpose (see paras [22]-[23]).
Allows a direction for the purpose of providing an electronic communications network. The Tribunal explained that an operator must have a direction for the statutory purpose relevant to its undertaking (see paras [22]-[23], [32]-[34]).
The 2003 version permitted a direction for provision of a system of conduits; the later Code uses infrastructure-system language. The Tribunal explained why the 2005 network direction did not cover passive mast infrastructure alone (see paras [22]-[23], [32]-[34]).
The Tribunal accepted that the FTT was wrong to treat the 2005 direction as limited under this provision. That correction did not establish that passive infrastructure fell within the network purpose (see paras [40]-[42]).
[2022] UKSC 18 · 22 June 2022Defines
The section provides the basis on which Ofcom applies the Code to network and infrastructure providers and defines the operators entitled to invoke it. (see paras [5]; [11])
What each judgment says about section 106 is in the case-law panel in the full Act.
254.Sections 106 to 119 and Schedule 3 amend the telecommunications code (set out in Schedule 2 to the Telecommunications Act 1984) in order to translate it into a code applicable to apparatus used in electronic communications networks and services. The telecommunications code is designed to facilitate the installation and maintenance of telecommunications systems. It confers rights on operators to install and maintain apparatus in, over or under land and results in considerably simplified planning procedures, similar to those given to other utilities. These provisions, along with Schedule 2 to the Telecommunications Act 1984, implement Articles 11 and 12(1) of the Framework Directive, and Article 4(1) and 6(1) of, and condition 5 of Part A of the Annex to, the Authorisation Directive.
255.Sections 106 to 119 provide that “the electronic communications code” (as it will in the future be known) will no longer be applied to operators by way of licences (and licence conditions), but rather as a result of directions given by OFCOM in response to applications by individual providers of electronic communications networks or systems of conduits to be used for the provision of electronic communications networks. The principal changes to the code which will be effected under Schedule 3 include the replacement of references in it to telecommunications apparatus, services and systems with references to electronic communications apparatus, services and networks respectively; amendments to enable the application of the code to persons who provide a system of conduits by which an electronic communications network may be provided, but do not actually provide the network; and the addition of a provision to encourage the sharing of apparatus by operators to whom the code applies (which was previously contained in sections 10(3A), (3B) and (3C) of the Telecommunications Act 1984 and section 189 of the Broadcasting Act 1990; now see new paragraph 29 of the code).
256.Section 106 provides that the electronic communications code will apply to any person in respect of whom OFCOM have given a direction for this purpose. Subsection (5) provides that such a direction may specify that the code is to apply to the person concerned only in relation to particular places, or particular networks or parts of networks or particular conduit systems or parts of conduit systems.
257.Subsection (3)(b) provides that the electronic communications code will also apply to the Secretary of State or any Northern Ireland department if either of them is providing or intends to provide an electronic communications network.
258.Subsection (4) provides that the code may only be applied to a person for the purposes of the provision of an electronic communications network or for the purposes of the provision of a system of conduits to be used in connection with the provision of an electronic communications network.
259.Paragraph 17 of Schedule 18 provides that where, immediately before the coming into force of this section, the code applied to any person by virtue of the conditions of his telecommunications licence, that person shall be treated, after the coming into force of this section, as a person in whose case the code applies by virtue of a direction given by OFCOM.